APHC010509932025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] TUESDAY,THE TWENTY THIRD DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 26227/2025 Between: 1. VENDRA DHANALAKSHMI, D/O VENDRA THIRMURTHULU AGED 46 YEARS, HOUSE WIFE, R/O H.NO 2-78, UTTARA PALEM, KONITHIWADA, WEST GODVARI DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPLE SECRETARY, PANCHAYAT RAJ AND RURAL DEVELOPMENT, SECRETARIAT BUILDINGS VELAGAPUDI, AMARAVATHI, GUNTUR DIST., 2. THE DISTRICT COLLECTOR, WEST GODAVARI DIST AT BHIMAVARAM. 3. THE ASSIT EXECUTIVE ENGINEER, IRRIGATION SECTOR PENUMATRA,VEERAVASARAM (M) WEST GODAVARI DISTRICT 4. THE ASSIT ENGINEER, R AND B, VEERAVASARAM, WEST GODAVARI DISTRICT. 5. THE KONITHIWADA GAMA PANCHAYAT, REP BY EXECUTIVE OFFICER, KONITHIWADA WEST GODAVARI DISTRICT. ...RESPONDENT(S): Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased toPleased to issue order or orders, direction or directions. Writ or 2 Writs particularly one in the nature Writ of Mandamous or any appropriate writ declare the action of the respondents in demolishing the cement casing to the irrigation channel situated on left side of roda leading to Rameswaram to Kavitm in Konithiwada Village,west godavari District without passing any orders , without determining that execisting cement casing to the channel is detarminatal to the free flow of the water through that channel and execiting of casing is esantial to the health of resdents of that area is illegal, arbitrary violation of principles of natural justice and violative of Article 14, 19 (i) g, 21 of the Constitution of India, consequently direct the respondents not t demolish the cement casing to the above channel and to pass IA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased Pleased to direct the respondents not to demolishing the cement casing to the irrigation channel situated on left side of roda leading to Rameswaram to Kavitm in Konithiwada Village,west godavari District and to pass Counsel for the Petitioner: 1. K L N SWAMY Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV The Court made the following: 3 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 26227/2025 ORDER: This writ petition is filed under Article 226 of the Constitution of the India seeking the following reliefs:- “to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in demolishing the cement casing to the irrigation channel situated on left side of road leading to Rameswaram to Kavitm in Konithiwada Village, West Godavari District without passing any orders, without determining that existing cement casing to the channel is detrimental to the free flow of the water through that channel and existing of casing is essential to the health of residents of that area is illegal, arbitrary violation of principles of natural justice and violative of Article 14, 19 (i) g, 21 of the Constitution of India, consequently direct the respondents not to demolish the cement casing to the above channel and pass such other order.” 2. Heard the learned counsel for the petitioner, learned Standing Counsel for respondent No.5 and the learned Government Pleader for the other respondents. 3. Learned counsel for the petitioner submits that the petitioner is a permanent resident and owner of the house property admeasuring to an extent of 205 Sq. Yards in Sy.No.185/5, plot No.19, Uttarapalem Village H/o.Konithiwada Gram Panchayat, having acquired the same through a registered sale deed dated 06.06.2012. Since then, the petitioner has been in peaceful 4 possession and enjoyment of the said property. The petitioner got constructed a house long back and also constructed a ACC roof shed in between her house and the subject field channel. In view of the increasing of mosquitoes and discharge of drainage water into the field channel, the petitioner got constructed cement lining on both sides and also culvert upon the cement lining to the extent of width of her land to prevent the mosquitoes as well as smell. He further submits that the subject construction of cement lining and culvert is not causing any obstruction to the free flow of water and not causing inconvenience to the people in and around and also it is most convenient to cross the field channel not only to the petitioner as well as to other villagers. As such on the guise of lack of permission, the same cannot be demolished, which is most beneficial not only for the petitioner but also for the public and for free flow of water. 4. On the other hand, learned Standing Counsel for respondent No.5/Gram Panchayat furnished written instructions dated 22.09.2025, wherein it is stated that the subject land is earmarked as irrigation field channel vested with the irrigation department. Admittedly, there is no permission for making such construction by the petitioner either from the department of irrigation or from the 5th respondent herein. It is further stated that pursuant to the complaint made by the villagers, the 3rd respondent herein already issued proceedings/letter dated 09.09.2025 directing the 5th 5 respondent to take appropriate action against the illegal construction of the petitioner. The subject construction of the petitioner closed the field channel from 7 feet width to 4 feet and by way of such reduction of width, which lead to obstruction of free flow of water and further stated that the respondents will conduct survey and demarcation. After conducting survey and demarcation, the respondents will take appropriate action for removal of encroachments and the construction which was made by the petitioner. 5. Considering the submissions of both the learned counsel and on perusal of the material placed on record particularly the written instructions dated 22.09.2025, the fact remains that the petitioner is the owner of the house property as mentioned above which is abutting to the subject irrigation field channel. As per the documents filed along with the Writ Petition which discloses that there is no permission for making subject construction i.e., cement lining to the field channel as canvassed by the petitioner. The contention of the learned counsel for the petitioner that the width of the field channel itself is four feet and there is no obstruction for free flow of water is not accepted by the respondents through their written instructions dated 22.09.2025. On the other hand, learned standing counsel contended that the width of the field channel originally is seven feet and reduced the width of field channel from seven feet to four feet, may cause so much obstruction for its free 6 flow, when the channel receives heavy rain water as well as the regular canal water. As contended by the learned Standing Counsel, the respondents are taking steps for survey and demarcation and to follow due process of law is valid and reasonable. 6. In view of the reasons stated above, the respondent Nos.3 to 5 are hereby directed to conduct survey and demarcation regarding width of the channel as well as encroachment if any said to have been made by the petitioner, by following due procedure as contemplated under the A.P. Survey and Boundaries Act, 1923. After having such survey and demarcation, if any encroachments are found and the said construction is causing obstruction to the free flow of the water by reduction of width of channel and if it was confirmed, the respondents are at liberty to proceed further by following due process of law. Till then, status-quo obtaining as on today shall be maintained by all the parties concerned. 7. With the above direction, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel miscellaneous application, pending, if any, shall also stand closed. ________________________________ VENKATESWARLU NIMMAGADDA, J 2233..0099..22002255 TTPPSS 7 495 HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO:26227 of 2025 2233..0099..22002255 TTPPSS